Agenda item

App No	Ward / Cumulative Impact Area	Site Name and Address	App Type	Licensing Ref No.
1.	St James’s Ward / West End Cumulative Impact Area	Hard Rock Café Criterion Building 225-229 Piccadilly London W1J 9HR	New Premises Licence	20/04144/LIPN

 

LICENSING SUB-COMMITTEE NO. 3

Thursday 23 July 2020

 

Membership:              Jacqui Wilkinson (Chairman) Councillor Barbara Arzymanow and Councillor Aicha Less

 

Legal Advisor:             Horatio Chance

Committee Officer:      Georgina Wills      

Policy Officer:              Aaron Hardy

Presenting Officer:      Michelle Steward

 

Hard Rock Café, Criterion Building 225-229 Piccadilly London W1J 9HR

 

Application for a New Premises Licence [9HR 20/04144/LIPN]

 

 

Present:          Gary Grant Counsel (Legal Representative, Hard Rock Café ),                            Niall McCann (Legal Representative, Hard Rock Café ), Des                                Addis             (General Manager, Piccadilly Circus, Hard Rock Café),                             Dale Swift (Director Of Operations, Hard Rock Café) Andrew                               Bamber, (Expert Witness, Hard Rock Café), Dave Nevitt                                             (Environmental Health) and Karyn Abbott (Licensing Authority)

 

 

FULL DECISION

Premises

 

Hard Rock Café

Criterion Building

225-229 Piccadilly

London

WIJ 9HR

 

Applicant

 

Hard Rock Café (UK) Limited

 

Cumulative Impact Area

 

West End

 

Ward

 

St James’s

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence the above Premises under the Licensing Act 2003 (“The Act”). The Premises operates as a restaurant with bar facilities and is seeking to permit 65 patrons to consume alcohol in the bar area without having to take a table meal in the restaurant, reduce the terminal hour for the sale of alcohol in the bar area from 00.30 Sunday to Thursday and 01.30 Friday and Saturday (22.30 on Sunday, 23.00 Monday to Thursday and midnight Friday and Saturday) and to limit the number of patrons being permitted to queue to 40 persons

 

 

Proposed Activities and Hours

 

Late Night Refreshment (Indoors)

 

Sunday to Thursday 23:00 to 01:00 hours

Friday to Saturday 23:00 to 02:00 hours

 

Live and Recorded Music (Indoors)

 

Sunday to Thursday 10:00 to 01:00 hours

Friday to Saturday 10:00 to 02:00 hours

 

Retail Sale of Alcohol (On Sales) (Indoors)

 

Sunday to Thursday 10:00 to 00:30 hours

Friday to Saturday 10:00 to 01:30 hours

                                                                                               

Hours premises are open to the public

 

Sunday to Thursday 10:00 to 01:30 hours

Friday to Saturday 10:00 to 02:30 hours

 

(to include seasonal variations from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s day)

 

Representations Received

 

• Environmental Health (Dave Nevitt)
• Metropolitan Police (PC Adam Deweltz) (withdrawn)
• Licensing Authority (Karyn Abbott)

 

Summary of issues raised by objectors

 

• Environmental Health are of the view that the licensable activities applied for can lead to an increase in public nuisance and may impact upon public safety within the CIA.
• The Licensing Authority have concerns amongst other things as to whether the 65 persons with no ancillary nature to a meal will not add to cumulative impact.

 

 

Policy Position

 

Policies CIP1, HRS1, PB2 and RNT2 of the City Council’s Statement of Licensing Policy will apply. The Premises are located in the West End Area of Cumulative Impact and so will have to demonstrate that granting the application will not add to cumulative impact.

 

 

SUBMISSIONS AND REASONS

 

 

The Sub-Committee considered an application by the Hard Rock Cafe UK

Limited (The Applicant) for a New Premises Licence in respect of Criterion Building 225-229 Piccadilly London W1J.

 

The Presenting Officer introduced the application and advised that the Premises currently operates as a Restaurant.  The Applicant sought to increase the number of patrons permitted in the bar area, reduce the terminal hour for the on sale of alcohol and to limit the number of persons queueing outside of the Premises and for the provision for Late Night Refreshment and Live and Recorded Music. The Environmental Health Service and Licensing Authority had maintained representation.  The Metropolitan Police withdrew their representation following the Applicants confirmation to adopt Conditions.

 

Gary Grant, The Applicant’s Legal Representative advised the Sub-Committee that the Hard Rock Café was a popular world-renowned restaurant Chain which had a long history with the music industry and that its branches housed a number of notable music memorabilia. He informed that the Premises was the only branch in the restaurant chain which required all drinks to be ancillary to a meal and that the application had been made to alter this. The majority of sales at the Premises are for merchandise and alcoholic beverages was reported to amount to 10% of the revenue. The Sub-Committee was informed that the Premises was a popular tourist attraction and that patrons would view memorabilia and visit the Premises to purchase logo goods and collectable items. The Application sought to commercialise on these patrons who wished to visit the Premises and consume alcohol without a meal. The bar and other internal areas would be used to hold patrons and assist with managing the queue numbers. Mr Grant commented that there would be no additional cumulative impact and advised that the Premises would attract visitors and reduce the number of such persons ‘on the street’. 

 

Mr Grant advised that the Premises attracted families and was not alcohol led and that the Applicant sought to reduce the hours of on sales to core hours in the bar area and also for a reduction in the number of vertical drinkers permitted in this area at any one time. He commented that it was sought to increase the number of persons who were permitted access to the bar without consuming a meal. The bar area was reported to not be visible from the street and comprised of a small section of the basement. In response to questions from the Sub-Committee, Mr Grant advised that a New Premises Application was submitted rather than a variation and this was undertaken in order to secure a desirable outcome.

 

The Sub-Committee was advised that the Premises was well staffed and had two managers on the Premises during operational hours and a number of SIA trained staff members are present after 18:00 hours. There is radio communication between staff members and devices such as clickers are used to count the number of patrons queuing and these figures are shared between hospitality staff. There have been a number of Temporary Events Notice operated at the Premise and no concerns were raised about these events or about the Premises. The Sub-Committee was advised that the Applicant would be implementing measure to ensure that the Premises remains safe during the Covid-19 Pandemic and would explore current technology which enables patrons to be communicated with about reservations and queues prior to their visit to the Restaurant. Following questions from the Sub-Committee, Mr Grant confirmed that the merchandise shop opened an hour before the restaurant and bar and was staffed by retail assistants. The shop is the first and last part or the Premises which patrons view when entering and exiting the establishment.  

 

David Nevitt, Environmental Health Officer advised that he was familiar with the Premises and had dealt with the original Licencing Application. The Applicant had received pre-application advice from the Service and topics such as queues had been discussed. Mr Nevitt confirmed that there were no concerns with the Premises operational style and there was also no history of complaints. Mr Nevitt advised that the bar area was not accessible from the street and that patrons would have to walk through the retail shop before entering the area. There was to be a reduction in the sale of alcohol and the bar area capacity. The Sub-Committee were reminded that the Premises was situated in the Cumulative Impact Area and that the Applicant would have to demonstrate an exception to policy in that the Application would not add to negative cumulative impact. The Sub-Committee noted that the Applicant has agreed to Conditions which requires the Premises to have a Dispersal Policy and that the Licence would be personal to the Hard Rock Café Ltd. 

 

Karyn Abbott, Licensing Authority confirmed that the Premises was situated in the Cumulative Impact Area and advised that the Applicant would have to demonstrate that the Premises  would not add to cumulative impact and deduce evidence as to why  the Application should be considered as an exception to policy. Ms Abbott confirmed that the capacity in the bar area for vertical drinking had been reduced alongside the sale of alcohol.

 

In response to questioning from the Legal Advisor to the Sub-Committee Mr Grant confirmed that Model Condition 64 would be accepted and that signage advising that only 40 persons were permitted to queue would be displayed on the Premises.

 

Mr Grant confirmed that the Premises had a bar area and that this section of the establishment would have capacity of 65 persons. The Sub-Committee noted that there had been a reduction for the sale of alcohol and that these times now mirrored core hours as well as the numbers permitted to queue outside the Premises had also been reduced. The Sub-Committee was advised that it was proposed to house patrons within the Premises rather than have long ques. Mr Grant reminded the Sub-Committee about the effects of the Covid-19 Pandemic on the tourism and hospitality sector and the importance of supporting this industry. 

 

Having carefully listened to all parties and the Sub-Committee granted the Application. The Sub-Committee agreed that the Application would not add to the cumulative impact and this was on the basis that the Applicant was to surrender their existing Licence, there was to be a reduction in the terminal hour of the sale of alcohol, reduction in the capacity permitted in the bar area and also a reduction in the number of patrons permitted to queue outside the Premises. The Sub-Committee noted that the Licence would be a ‘Personal Licensc’ to the Hard Rock Café and this was to be recorded by way of condition. The Sub-Committee noted that the Applicant was a good operator that managed their Premises well and was a world- famous international brand. The Sub-Committee also noted that the Premises attracted a large number of international patrons and that the majority of its revenue was from merchandise. There were no objections received from the Local Amenity Societies and the Metropolitan Police had withdrawn their Application. The Applicant had also agreed to adopt Model Condition 64 which required appropriate signage to be displayed on the Premises about the maximum number of visitors permitted to queue.

 

The Sub-Committee was persuaded by the arguments put forward by Mr Grant in his submissions and  that the Application was an exception to policy and that the conditions imposed on the Premises Licence would have the overall effect of promoting the licensing objectives.

 

The application is granted for the following activities and hours:

 

1.         To grant permission for Late Night Refreshment (Indoors) Sunday to Thursday 23:00 to 01:00 hours Friday to Saturday 23:00 to 02:00 hours.

 

2.         To grant permission for Live and Recorded Music (Indoors) Sunday to Thursday 10:00 to 01:00 hours Friday to Saturday 10:00 to 02:00 hours.

 

3.         To grant permission for the On Sale of Alcohol (Indoors) Sunday to Thursday 10:00 to 00:30 hours Friday to Saturday 10:00 to 01:30 hours.

 

4.         To grant permission for the Hours the Premises are Open to the Public Sunday to Thursday 10:00 to 01:30 hours Friday to Saturday 10:00 to 02:30 hours (to include seasonal variations from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day)

 

5.         To grant permission to permit 65 patrons to consume alcohol in the bar area without having to take a table meal in the restaurant.

 

6.         To grant permission to limit the number of patrons permitted outside of the Premises to queue to 40 persons.

 

7.         That the Licence is subject to any relevant mandatory conditions.

8.         That the Licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a hearing

 

 

9.         The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of police or authorised officer throughout the entire 31day period.

 

10.       A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

11.       There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

 

12.       A minimum of 2 SIA licensed door supervisors shall be on duty at the premises from 18:00 until close, and a minimum of 4 door supervisors shall be on duty from 22:00.

 

13.       A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Services. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

14.       No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

15.       All outside tables and chairs shall be rendered unusable by 22:00 each      day.

 

16.       There shall be no admittance or re-admittance to the premises after 01:00 except for patrons permitted to temporarily leave the premises to smoke.

 

17.       Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

18.       Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

19.       A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity and advertised near the entrance doors of the premises in letters of at least two inches tall.

 

20.       There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

 

21.       At all times there shall be promotion of non-alcoholic drinks.

 

22.       No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 08:00 hours on the following day.

 

23.       The number of persons permitted in the licenced premises at any one time (including staff) shall not exceed 419 persons, reducing to 300 persons at midnight and 200 persons at 01:00 hours.

 

24.       The last entry time to the premises on any given night shall be at least one hour before it closes.

 

25.       Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

26.       Waiter or waitress service shall always be available in the licensed         Premises.

 

27.       There shall be no striptease or nudity, and all persons shall be decently attired at all times.

 

28.       A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

 

29.       A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premise is open.

 

30.       An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the police. It must be completed within 24 hours of the incident and will record the following:

a) all crimes reported to the venue

b) All ejections of patrons

c) Any complaints received concerning crime and disorder

d) Any incidents of disorder

e) All seizures of drugs or offensive weapons

f) Any refusal of the sale of alcohol; and

g) Any visit by a relevant authority or emergency service.

 

31.       Whenever there is a queue outside the premises, it shall be supervised by a minimum of one door supervisor wearing a company branded uniform which will incorporate an element of ‘hi vis’ and displaying their SIA licence. No more than 40 persons are permitted to be in the queue outside the premises at any one time which shall be restricted to a designated area located out of the front door entrance to the right leading onto Haymarket.

 

32.       The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.

 

33.       The premises licence shall not be transferrable save to subsidiaries or group companies of Hard Rock Café (UK) Limited.

 

34.       Notwithstanding the condition below (MC66 restaurant condition), alcohol may be supplied and consumed in the basement bar area (designated on the plan in green hatching) by up to a maximum of 65 persons at any one time from 10:00 to midnight on Friday and Saturday, and from 10:00 to 23:00hrs on Monday to Thursday, and 10:00 to 22:30hrs on Sunday.

 

35.       The licensed premises in the basement shall only operate as a restaurant:

(i) in which customers are shown to their table,

(ii) Where the supply of alcohol is by waiter or waitress service only,

(iii) Which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery,

(iv) Which do not provide any take away service of food or drink for      immediate consumption,

(v) Which do not provide any take away service of food or drink after 23:00, and

(vi) Where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

 

36.       Licensable activities and the consumption of alcohol shall only be carried on in the basement of the premises.

 

37.       The licensee shall operate a written dispersal policy for a period of 45 minutes before the premises closes on any given night. All staff shall receive training and refresher training in the policy. A copy of the most recent version of the policy shall be retained on the premises at all times and shall be produced for immediate inspection at the request of any licensing inspector or police officer.

 

38.       At least 2 SIA door supervisors on duty at the premises shall be equipped with Body Worn Video, capable of recording audio and video in any light condition as per the minimum requirements of the Westminster Police Licensing Team. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period. BWV must be activated at an early stage during any incident involving conflict.

 

39.       No licensable activities shall take place at the premises until premises 19/05762/LIPDPS (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.

 

40.       There shall be no more than 20 vertical drinkers in the Bar area shown hatched green on the Premises Plan at any one time and appropriate signage shall be displayed at all times in all clearly visible areas to this effect.

 

If problems are experienced, then an application for a review of the Premises

licence can be made.